What Is a Well-Known Trademark in China?

Under Article 13 of China's Trademark Law, a well-known trademark (驰名商标, chímíng shāngbiāo) receives enhanced protection beyond ordinary registrations. The concept is similar to 'famous marks' in other jurisdictions but has specific Chinese procedural characteristics.

Critically, well-known mark status in China is NOT a certification you apply for and receive — it is a finding made by CNIPA, TRAB, or Chinese courts in specific cases when the mark's reputation is relevant to the dispute.

Benefits of Well-Known Status

1. Cross-Class Protection

Unlike ordinary registered marks (protected only for identical/similar goods), well-known registered marks are protected against use on dissimilar goods if such use would indicate a connection with the well-known mark owner and potentially damage its interests.

Example: If 'NIKE' is recognized as well-known for shoes (Class 25), CNIPA can reject an application for 'NIKE' for restaurant services (Class 43) — even though these are completely different classes.

2. Anti-Dilution Protection

Well-known unregistered marks (not even registered in China) can block third-party registrations in some circumstances — a rare exception to China's first-to-file principle.

3. Priority in Opposition and Invalidation

Well-known mark owners can file oppositions even after the 3-month publication window (up to 5 years) and invalidation actions without time limits.

4. Stronger Enforcement

Administrative enforcement agencies and courts give greater weight to well-known mark claims, leading to faster injunctions and higher damages.

How to Establish Well-Known Status

You must prove the mark is well-known to the relevant Chinese public. Key evidence:

• Duration, extent, and geographic reach of use in China
• Sales revenue, market share, and tax records in China
• Advertising expenditure, media coverage, and promotional activities
• Consumer surveys and brand awareness studies
• Previous recognitions (accepted oppositions, court judgments)
• International reputation and awards

CNIPA, TRAB, or the court will evaluate the totality of evidence — there is no single test.

The 'Passive Recognition' Principle

Chinese law emphasizes that well-known mark recognition should be 'case-by-case' and 'passive' — made only when necessary to resolve a specific dispute. You cannot proactively petition CNIPA to declare your mark 'well-known' outside of a case context.